California Easement Law

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An easement is a right of use over the property of another for a
specific purpose. Under California law,
an easement may be established in the following ways:

Express
Grant;

Prescription;

Implication; and

Necessity.

Easements By Express Grant

An express easement is created by deed, contract, or other written
instrument. Under California law, the
use of the easement is determined by the contents of the document which created
it. If the language of the document
which created the easement is clear and unambiguous, courts are prohibited from
considering extrinsic evidence in ascertaining the intention of the parties.

Easements By Prescription

Under California law, an easement by prescription may be established upon
a showing by the claimant that he has used the easement openly, notoriously,
and continuously for a period of five years.
The claimant's use of the easement must be hostile or adverse to the
owner. If the owner has given the
claimant permission to use the land, an easement by prescription will not be
found.

Easements By Implication

An easement by implication arises based on the inferred intent of the
parties to the transaction and the circumstances surrounding the
transaction. Under California law, a
claimant must prove two elements in easement by implication cases:

A strict
necessity for the easement, such as when a parcel of land is landlocked;
and

Unity of title
(that the dominant and servient tenements were under common ownership at
the time of the conveyance which gave rise to the necessity for the
easement).

To satisfy the strict necessity requirement, the claimant must
demonstrate that there is no other means of accessing the property. If there is another less convenient way to
access the property, an easement by implication will not be found.

An easement by implication will continue as long as the necessity
exists. However, if another means of
ingress to and egress from the property becomes available, the easement will
terminate.

Easements By Necessity

An easement by necessity arises where the easement is essential to the
grantee's beneficial use and enjoyment of the property conveyed to him by the
grantor. An easement by necessity is an
appurtenant easement. This means that it
runs with the land and will continue to benefit the dominant tenement even if
ownership of that property is transferred.

Easement and Property Boundary Disputes

Among the most common easement issues are misuse by the easement holder
and interference with the easement holder's use of the easement by the property
owner. Easement disputes may also arise
where improvements such as fences, walls, and driveways are erected which
encroach on adjoining property.

Help from a Real Estate Attorney in California

If you are involved in a dispute over an easement, you should consult
with an experienced real estate attorney.
Your attorney can assist you by obtaining a title search and survey to
ascertain the history of the property and the location of any improvements and
easements on the property. Your attorney
will advise you of your legal options and recommend the best course of action.